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Wisconsin Supreme Court rules that governor cannot postpone Tuesday's election

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MADISON, Wis. (AP) — The Wisconsin Supreme Court on Monday ruled that Democratic Gov. Tony Evers could not postpone the state’s presidential primary, striking down his order to move the election to June over coronavirus outbreak fears.

The court ruled 4-2 that Evers lacked the authority to move the election on his own — meaning the election will occur as originally scheduled on Tuesday. Conservatives control the court 5-2, but one of the conservative justices is up for reelection Tuesday and didn’t participate in the ruling.

Evers had previously opposed moving the election and said he didn’t have the authority to shift the timing unilaterally. But he changed course Monday, ordering a delay of in-person voting to June 9, as poll sites closed because nervous volunteers were unwilling to staff them and as criticism about holding the election grew.

The Wisconsin election is being viewed as a national test case in a broader fight over voter access in the age of the coronavirus with major implications for the presidential primary contests ahead — and, possibly, the November general election. Many other states pushed their primaries back as the coronavirus swept across the nation.

Meanwhile, Republicans have also asked the U.S. Supreme Court to throw out a lower court’s order extending absentee voting to April 13. There was no indication on when the top court would rule.